WEBVTT
SIMMS SAY BAIL SHOU BE SET
SO THAT A DEFENDANT CAN PAY FOR
IT.
BARRY: DISTRICT COURT CHIEF
JUDGE JOHN MORRISSEY CALLS IT
QUOTE CAUTIONARY ADVICE AS
JUDGES CONSIDER WHAT BAIL TO SET
FOR THOSE WHO COME BEFORE THEM
PRIOR TO TRIAL.
HIS LETTER IS IN RESPONSE TO A
RECENT OPINION AND
RECOMMENDATIONS FROM ATTORNEY
GENERAL BRIAN FROSH.
MARYLAND PUBLIC DEFENDER PAUL
DEWOLFE SAYS =--
X IT IS A MATTER OF FAIRNESS.
BARRY AND ABOUT CHANGING
: PRACTICES.
DEWOLFE SAYS HUNDREDS OF PEOPLE
ARE HELD IN MARYLAND JAILS
ESPECIALLY BALTIMORE CITY
BECAUSE THEY CAN'T AFFORD TO PAY
BAIL.
X SOME ARE ABLE TO WALK OUT THE
SAME DAY BECAUSE THEY CAN AFFORD
IT, BUT OTHERS CANNOT.
BARRY IN HIS MEMO, CHIEF JUDGE
: MORRISSEY STATES BAIL IS USED
TO ASSURE A DEFENDANT APPEARS IN
COURT AND TO PROTECT THE SAFETY
OF THE COMMUNITY.
THE JUDGES SHOULD IMPOSE THE
LEAST ONEROUS CONDITION.
AND THE FINANCIAL CONDITIONS ARE
NOT AN APPROPRIATE WAY OF
ASSURING PUBLIC SAFETY AND
SHOULD NOT BE IMPOSED.
FINANCIAL CONDITIONS SHOULD NOT
BE IMPOSED IF YOU KNOW THAT THEY
HAVE NO ABILITY TO MEET IT, AND
THEY SHOULD NOT BE IMPOSED TO
PLACATE THE PUBLIC OPINION OR TO
PUNISH THE DEFENDANT.
DEWOLFE SAYS BALTIMORE CITY
IMPOSES PARTICULARLY HIGH BAIL
IN COMPARISON TO OTHER PLACES IN
THE STATE AND FOR JUDGES WHO
STILL WANT TO CONSIDER FINANCI
CONDITIONS, HE SUGGESTS AN
ALTERNATIVE.
>> WHAT IS CALLED UNSECURED
BAIL, AND WHAT THAT MEANS IS THE
PERSON DOES NOT HAVE TO PUT
MONEY TO GET OUT, BUT IF THEY DO